Complaint to the Supreme Court of the Russian Federation regarding an administrative case. Supervisory complaint in an administrative case sample form. Supervisory complaint, sample supervisory complaint on Complaint.net

To the Supreme Court Russian Federation

Ivanov Ivan Ivanovich,

residing at:

Kaliningrad, st. Ivanova, 1, apt. 1

In administrative case No. 5-000/2011

(Magistrate Court of the Moscow District of Kaliningrad

Kaliningrad st. Polovtsa 21/23)

(case No. 5-000/2011)

on the decisions that entered into legal force in the case of

administrative offense, decisions based on results

consideration of complaints, protests, by way of supervision

By the decision of the Federal Judge of the Moscow District Court of the city of Kaliningrad, S.I. Provalinskaya, which entered into legal force. dated October 28, 2011 N 12-000/2011 in the case of an administrative offense under Article 12.15 of the Code of the Russian Federation on Administrative Offences, in relation to Ivan Ivanovich Ivanov was deprived of the right to drive vehicles for a period of four months.

The complaint against the judge’s decision in the case of an administrative offense that entered into legal force was considered by way of supervision by the Deputy Chairman of the Kaliningrad Regional Court O.A. Kramarenko.

Deputy Chairman of the Kaliningrad Regional Court Kramarenko O.A. it was not taken into account that the judge of the Moskovsky District Court of the city of Kaliningrad S.I. Provalinskaya, when making the decision, without apparent grounds and in violation of Art. 25.1 and part 1 of Article 24 of the Code of Administrative Offenses of the Russian Federation rejected the written petition submitted by me in the courtroom to attach to the materials of the administrative case the Conclusion of a specialist No. 0000/00 of the Kaliningrad Center Forensic Science and Assessments, which would nullify the charges against me of committing an administrative offense. Thus, the judge violated my legal rights to defend myself and present evidence of my innocence, provided for in Art. 26.2 Code of Administrative Offenses of the Russian Federation. Specialist conclusion No. 0000/00 of the Kaliningrad Center for Forensic Expertise and Assessment, which was not attached to the case materials at my request by the judge of the Moscow District Court Provalinskaya S.I., would allow a full and objective consideration of my case about the alleged APN, and without it everything The arguments of the courts are interpreted only in favor of police officers who have committed gross violations on their part. Art. 24.1 of the Code of Administrative Offenses of the Russian Federation says that the objectives of proceedings in cases of administrative offenses are a comprehensive, complete, objective and timely clarification of the circumstances of the case, its resolution in accordance with the law, and the identification of the causes and conditions that contributed to the commission of administrative offenses. However, this article was violated.

The issued resolution (decision) No. 0-Ar-00/12 does not correspond to the circumstances of the case regarding the APN. Art. 26.11 of the Code of Administrative Offenses of the Russian Federation speaks of a conviction “... based on a comprehensive, complete and objective study of all the circumstances of the case in their totality. No evidence can have predetermined validity.”

Deputy Chairman of the Kaliningrad Regional Court Kramarenko O.A. was not taken into account:

A copy of the diagram (protocol of inspection of the place where an administrative offense was committed) was not prepared by IDPS employees and was not given to me in violation of Part 9 of Article 28.1.1 of the Code of Administrative Offenses of the Russian Federation.

An inspector who has not personally seen the violation does not have the right to draw up a protocol 1, 2, part 1 of Art. 28.1

The report was not attached to the protocol (violation of paragraphs 1, 2, part 1, article 28.1 of the Administrative Code). The report was supposed to be written by the inspector who stopped me.

The traffic police inspector ignored me to include my passengers as witnesses without questioning them.

their. Art. 25.6 of the Code of Administrative Offenses of the Russian Federation allows a passenger as a witness (violation of Article 25.6 of the Code of Administrative Offenses of the Russian Federation. Testimonies of witnesses to the “overtaking” are not attached to the protocol; the license was confiscated without witnesses. In the field “Information about witnesses and victims” in the protocol, the entry “not available” is entered, which is a violation of clause 2 of Article 28.2 of the Code of Administrative Offenses of the Russian Federation.

Inspector Avdeenkov incorrectly classified the offense and, as a result, violated my rights and freedoms: in violation of Part 1 of Art. 1.5 Code of Administrative Offenses of the Russian Federation (“A person is subject to administrative responsibility only for those administrative offenses for which his guilt has been established.”

The magistrate and district judges did not take into account the fact that the markings on this section of the road were not applied in accordance with GOST R 52289-2004 "Technical means of organizing traffic. Rules for the use of road signs, markings, traffic lights, road barriers and guide devices." This also indirectly influenced my maneuver.

The administrative material compiled against me cannot be considered in court, because according to Part 3 of Art. 26.2 of the Code of Administrative Offenses of the Russian Federation, the use of evidence obtained in violation of the law is not permitted.

The court, when making the above decision, in violation of Part 1 of Art. 24.1 and clause 4 of Art. 29.10 of the Code of Administrative Offenses of the Russian Federation was guided only by the protocol on the APN, drawn up from the words of IDPS Avdeenkov, while leaving, without any apparent reason, the testimony of witnesses who fully confirmed my explanations.

Deputy Chairman of the Kaliningrad Regional Court Kramarenko O.A. relies on a diagram compiled by IDPS Malkov, but from the photos that I attached to the case, it is clear that the diagram is misleading, because there are no distances, no landmarks, and even the marking lines do not correspond to reality. Please take a look at the diagram I created.

I believe that all the documents I attached to the APN case cast doubt on my guilt in committing this APN. However, in none court hearing the judges did not apply Art. 1.5. Code of Administrative Offenses of the Russian Federation, which very clearly states that “...irremovable doubts about the guilt of a person brought to administrative responsibility are interpreted in favor of this person.”

Deputy Chairman of the Kaliningrad Regional Court Kramarenko O.A. indicates that the protocol contains my signatures, that I did not express any comments, interpreting it in such a way that I agree with the protocol. But in the column “Explanations of the person...” I indicated: “... overtook a slow-moving vehicle. I started overtaking from a broken line.” And this was not interpreted as disagreement on my part. The word “acquainted”, which I put on the diagram of the proposed APN, is not synonymous with the word “agree”. Giving explanations is my right, not my duty. They should be subject to Art. 51 of the Constitution, according to which no one is obliged to testify against himself, his spouse and close relatives.

1st signature - for explaining my rights (inaudible).

2nd signature – for obtaining a temporary permit to drive a vehicle.

3rd signature - for the fact that I am aware of where the case will be considered.

4th signature - for a petition for the case to be considered at the place of residence.

5th signature – for familiarization with the protocol.

6th signature – familiarized with the initiation of the case.

7th signature – I received a copy.

Not a single signature indicates that I agree with the protocol.

Deputy Chairman of the Kaliningrad Regional Court Kramarenko O.A. relies on the testimony of IDPS Malkov, given by him at the court hearing, and believes that there is no reason not to trust them, however, two witnesses at the magistrate’s court session testified that I did not cross the solid marking line, and their testimony was not taken into account, although they gave undertaking not to give false testimony. The formulation “reason to trust” or “reason not to trust” does not exist. IDPS Malkov is an interested person.

In______________ regional court

From Lotnik Alexander Ivanovich

living _____________________

On the decision magistrate

court precinct no.

District _______ region from

07/29/2009 and the decision ________

District Court dated August 13, 2009

SUPERVISORYCOMPLAINT

in the case of administrative

offense

By the resolution of the magistrate of the court district No.__ ____________ district ____________region dated July 29, 2009, I was found guilty of committing an administrative offense under Part 2 of Article 12.8 of the Code of Administrative Offenses of the Russian Federation and I was sentenced to deprivation of the right to drive vehicle for a period of one and a half years.

By the decision of the _______________ court dated August 13, 2009, my complaint against the magistrate’s ruling was left unsatisfied, and the said magistrate’s ruling was left unchanged.

I do not completely agree with these court decisions due to their illegality and groundlessness for the following reasons.

At the court hearing, I explained that on July 6, 2009, I drank alcohol with a number of residents of the village. Romanovka. While drinking alcohol, I became very drunk and fell asleep on back seat the interior of your car. When I was sleeping gr. Chub voluntarily got behind the wheel of my car and drove it home. Gr. sat in the front seat of the car. Berezovsky V.V. Along the route, my car, driven by gr. Chub was stopped by police officers. One of the police officers tried to wake me up, but he never succeeded. Then he got behind the wheel of my car and took me to the traffic police department. Another traffic police officer put gr. Forelock. and took him for a medical examination. I woke up in the traffic police office and the traffic police officer drew up a report on the administrative violation. Due to the fact that I was very drunk and did not understand well what was happening and signed the protocol in the places where they indicated to me. At the request of the person who compiled the protocol, I wrote written explanations, but due to the high degree of intoxication, the magistrate subsequently was unable to read what I wrote.

At the court hearing, the fact that gr. Chub got behind the wheel of my car without my knowledge, that is, when I was sleeping in the back seat, witnesses V.I. Statova, V.V. Berezovsky, S.G. Khvorost confirmed.

I also explained to the court that this fact can be confirmed by a number of other witnesses who even made gr. Chub remark that he should not get behind the wheel of someone else's car.

The magistrate was critical of my testimony and the testimony of witnesses, pointing out in the ruling that they allegedly contradicted some body of evidence. The stated conclusions of the court are unfounded. In support of my guilt, the court refers to the administrative violation report, the testimony of traffic police officer V.V. Bobro, and the testimony of ______ Department of Internal Affairs officer N.N. Sokolov, who together stopped my car.

In his ruling, the magistrate does not indicate for what reasons he accepts the testimony of the police officers as a basis and rejects the testimony of three disinterested witnesses, what are the contradictions in the testimony of these witnesses with other evidence and what kind? Witnesses Bobro V.V. and Sokolov N.N. on the contrary, they are interested in the outcome of the case and the court must evaluate their testimony critically.

At the court hearing, police officers Bobro V.V. and Sokolov N.N. explained that allegedly when they stopped a car driven by gr. I was sitting in the back seat, but I wasn’t sleeping. From this the magistrate concluded that gr. Chub got behind the wheel of my car with my permission.

The police officers' statements are untrue. However, even such testimony does not prove my guilt. I could have woken up precisely because the car stopped. After all, when stopping my car, the police officers blocked the road with their car, and therefore gr. Chub was forced to brake sharply.

To confirm my guilt, the magistrate also refers the court to the administrative violation protocol, considering it acceptable evidence of my guilt.

However, when drawing up the protocol, I was in a strong state of mind alcohol intoxication and didn’t understand anything. I signed the protocol in the places where they indicated to me. I also don’t know whether my rights were explained to me. The explanations that I wrote when drawing up the protocol were never read by the magistrate. Because the report against me was filed while I was heavily intoxicated, I was unable to properly exercise my defense and exercise my legal rights. I believe that in order to ensure that my rights were not violated when drawing up the protocol, and that I could exercise my defense and give explanations on the circumstances of the case, the traffic police officer should have drawn up administrative protocol against me the next day, if he considered that my actions constituted an administrative offense. Instead, the traffic police officer, without finding out the circumstances of the case, without interviewing gr. Chub, gr. Berezovsky, etc. drew up a protocol on an administrative offense.

When drawing up the protocol, I was suspended from driving, and the car was placed in a impound lot. In accordance with Articles 27 and 25.7 of the Code of Administrative Offenses of the Russian Federation, when carrying out these actions, the participation of at least two witnesses is mandatory, but there were none.

Referring to the above circumstances, I appealed to the ____________ court with a complaint against the decision of the magistrate.

When considering the complaint in the _______ court, I presented two witnesses Z. G. Pavlishinets. and Kikhtenko A.I.

Kikhtenko A.I. explained to the court that gr. Chub came to her place of work driving my car. V.V. Berezovsky was sitting in the front passenger seat, and I was sleeping in the back seat. When Chub left I continued to sleep.

Witness Pavlishinets Z.G. She explained to the court that she saw how employees blocked the way for a car driven by gr. Chub with your car. Gr. Chub and gr. Berezovsky left the car, and I was sleeping in the back seat. A police officer opened the back door and began shouting for me to wake up, but I did not react. Then the police officer got behind the wheel of my car, and gr. and drove towards the stop. The driver, Chub, was put into a police car and also taken away.

Thus, five witnesses completely uninterested in the outcome of the case confirmed that I did not allow gr. Chub to get behind the wheel of my car, and therefore my actions do not constitute an administrative offense under Part 2 of Article 12.8 of the Code of Administrative Offenses of the Russian Federation.

Despite the evidence of my innocence presented at the court hearing, the court decided to leave my complaint unsatisfied, and the decision of the magistrate was not changed, indicating that allegedly my rights were not violated when drawing up the protocol, and the testimony of witnesses Kikhtenko A.I. and Pavlishinets Z.G. do not confirm my innocence.

This court decision is puzzling. What other evidence should I present to the court to prove my innocence?!

In addition, in accordance with Article 1.5 of the Code of Administrative Offenses of the Russian Federation, a person brought to administrative responsibility is not required to prove his innocence, except for the cases provided for in the notes to this article. Irremovable doubts about the guilt of a person brought to administrative responsibility are interpreted in favor of this person.

In violation of the principle of presumption of innocence, the court actually shifted the burden of proof to me and did not doubt my guilt, despite the testimony of five disinterested witnesses. These circumstances indicate the lack of a fair trial in my case.

I am a driver with extensive experience, this is how I earn my living and feed my family, and therefore I never drive while intoxicated. If I happen to drink alcohol, I ask my son over the phone to pick up the car or go to bed in it until I sober up. With its illegal and unfair decisions, the court deprived me of my livelihood.

Based on the above and guided by Articles 30.9, 30.12, 30.13, 30.14, 30.17 of the Code of Administrative Offenses of the Russian Federation,

P R O S H U:

1. To request from the magistrate court precinct No.__, ______ district __________region an administrative case accusing me of committing an administrative offense under Part 2 of Article 12.8 of the Code of Administrative Offenses of the Russian Federation.
2. The decision of the magistrate of the judicial district No. ______ district____ region dated July 29, 2009 and the decision of the ____________ court dated August 13, 2009 were canceled and the proceedings in the case were terminated.
3. Please notify me of the court decision.

APPLICATION:

1. Copy of the complaint.
2. A copy of the administrative violation protocol.
3. A copy of the resolution of the magistrate dated July 29, 2009.
4. Copy of the decision___________court dated August 13, 2009.

"__" _______ 20__ L.A.I.__________

If a citizen does not agree with the decision made in his case, he can appeal it to higher authorities. After the appeal and cassation, a supervisory complaint is filed in the administrative case. It is considered by the supreme court of the subject, and subsequently by the Supreme Court of the Russian Federation. It is important in the document to reflect the circumstances of the case, which may become the basis for canceling the decision. At the end of the article you can download a sample complaint from the link.

In order for the applicant’s supervisory complaint to be accepted by the court, it must be drafted correctly. The document must contain indications of violations of procedural and substantive law during the consideration of the case. It is recommended to seek the help of a competent lawyer when drawing up an application.

Important! When describing violations by the court established standards and the statement of the request to cancel the decision should include references to specific articles of the CAS of the Russian Federation, including articles 24.1, 26.1, 29.10.

A sample supervisory complaint in an administrative case includes:

1. Name of the authority to which the appeal is submitted.
2. Information about the applicant: full name, position in the administrative case, place of residence.
3. Data of other participants in the case: full name, position in the case, place of residence.
4. The title of the document is a supervisory complaint.
5. The decision being appealed. Indicate the names of all judicial bodies that considered the case and the date of each decision.
6. Arguments of the accused. It is explained on what grounds the accused does not agree with accepted by the court decision.
7. Applicant's request. The accused asks to accept the appeal and cancel/change the decision. This part provides links to specific legislative acts. For example, you can refer to articles 30.12, 30.16, 30.18 of the Code of Administrative Offenses of the Russian Federation.
8. Applications. The names of all documents submitted along with the application are listed.
9. Date of compilation.
10. Applicant's signature.

The supervisory appeal is filed after the resolution has entered into legal force. If no attempts have been made to challenge the decision up to this point, this should be reflected in the document. If the applicant has already repeatedly filed a protest against this decision before it entered into legal force, the outcome of the consideration in each case must be indicated.

Limitations on appeal

To challenge a court ruling in this manner, the applicant should contact the supervisory authority directly. The application is submitted after the decision has entered into legal force.

In connection with submitting an appeal, it is worth considering two restrictions:

• it is prohibited to file an appeal several times on the same grounds;
• Appeals are filed sequentially, starting with the court of the subject; it is impossible to challenge the decision of the district court immediately in the Supreme Court.

The deadline for filing a supervisory complaint in an administrative case is not established by law. Therefore, regardless of what period has passed since the entry into force of the resolution, the application will be accepted for consideration.

The Supreme Court, in a supervisory procedure, reviews decisions made as a result of challenges in the supreme courts of the constituent entities. At the same time, their compliance with the current ones is assessed legal norms.

Procedure for consideration in court

When a supervisory complaint (for example, against a decision of Rospotrebnadzor on an administrative violation) is accepted for proceedings, the court notifies other participants in the process.

Important! Challenging a decision in a supervisory procedure does not require payment of a state fee.

When filing with the Supreme Court, the following will be considered:

• two months (without filing a case);
• three months (if required, counted from the date of receipt by the Supreme Court);
• extension for a period of no more than two months is carried out by the Chairman of the Supreme Court or his deputy and depends on the complexity of the case.

Based on the results of the study, one of the following decisions can be made:

1. Leave the appeal without consideration.
2. Leave the resolution unchanged.
3. Change one or more court rulings.
4. Cancel completely or partially.

After cancellation, several scenarios are also possible. The case may be sent back for a new trial to the court of first instance. In other cases, the trial is conducted again through the appeal or cassation procedure. Sometimes the supervisory authority decides to completely end the proceedings.

When a decision is appealed by way of supervision

A supervisory appeal in an administrative case is filed if the outcome of the consideration of the appeal and cassation is unsatisfactory. There must be compelling reasons to submit an application. Let's list some of them.

1. The circumstances of the case were not fully studied.
2. All the evidence presented was not taken into account.
3. During the proceedings, there were contradictions, inaccuracies, and violations of the law.
4. False testimony was heard in the case.
5. The evidence used was flawed.
6. The presumption of innocence was not respected in the case; the bias of the judges is obvious.
7. The basis for the resolution was only the papers prepared by officials.

If one or more conditions are met, the accused may appeal the decision in the administrative case. In addition to himself, a representative or defender of this person or the victim can apply to the supervisory authority.

As already mentioned, it is impossible to appeal a court decision on the same grounds several times. However, a repeated application on a different basis will be legal.

What documents are sent along with the complaint?

The text must include a list of attached documents. What documents should be submitted for review?

​

You must attach copies of the following forms:

• decisions on the case (including on previously filed complaints);
• power of attorney for the representative of the accused (if he participates in the process);
• of the filed complaint (copies according to the number of participants in the case).

A supervisory appeal is filed based on a ruling that has entered into force with the supreme court of a constituent entity of the Russian Federation. The deadline for submitting an application is not regulated by law. To prepare it, it is important to determine exactly what violations were committed by the court when considering the case. The text must contain references to specific provisions of the law. An example document, which can be downloaded below, allows you to get a general idea of ​​the structure of the appeal.

Post Views: 65

To the Sverdlovsk Regional Court

st. Moskovskaya, 120, Ekaterinburg,

Full name person who filed the complaint

its procedural position:(the person against whom the decision was made, his defense attorney, the victim, his representative, the legal representative of the legal entity)

address:(indicate the full postal address of the place of residence or location of the legal entity)

information about others participants proceedings in a case of an administrative offense:(indicating their place of residence or legal address)

on a decision that has entered into legal force in a case of an administrative offense and (or) decisions based on the results of consideration of complaints, protests

(indicate the name of the body, official, court)

from "_____"_________________20___ administrative punishment imposed

in the form of ___________________________________________________________________

(specify type of punishment)

according to Art. _________Code of the Russian Federation on Administrative Offenses for

(indicate the essence of the administrative offense)

(indicate the name of the court)

from "_____"____________________20___ My complaint against the said decision was left unsatisfied.

I do not agree with these court decisions and consider the imposition of administrative liability (imposed punishment) to be unlawful, since

(arguments and grounds for review of court decisions by way of supervision are given)

Based on the above, guided by Art. 30.12 of the Code of the Russian Federation on Administrative Offences,

Cancel (change) the issued resolution and (or) decision ___________________________________________________________________________________

(indicate the name of the body, official, name of the court, date of the acts issued)

and terminate the proceedings (refer the case for a new trial).

1. A duly certified copy of the decision in the case of an administrative offense.

2. Duly certified copies of decisions based on the results of consideration of complaints and protests, if such decisions are made.

3. A copy of the complaint according to the number of participants in the proceedings.

4. A copy of the document that certifies the powers of the legal representative of an individual or legal entity, a copy of the power of attorney or an order issued by the relevant legal entity, which certifies the powers of the defender, the representative of the victim, if the complaint is signed by these persons.

Date_________________ Signature _____________________

Complaint against a decision that has entered into legal force in a case of an administrative offense and
decisions based on the results of consideration of complaints

Supervisory complaint
Supervisory complaint

Chapter 30 of the Code of Administrative Offenses of the Russian Federation, articles 30.12 - 30.19

The practice of positive resolution of supervisory complaints in the Supreme Court of the Russian Federation indicates that the defense should go to the end, right up to the Supreme Court of the Russian Federation

Appeal and review of a decision that has entered into legal force in a case of an administrative offense,
decisions based on the results of consideration of complaints against the resolution
Supervisory complaint in a case of an administrative offense
Draw up a supervisory appeal against a decision in a case of an administrative offense

The supervisory complaint must contain:

1) the name of the court or the chairman of the court to which it is addressed;

2) the name and information about the person filing the complaint, his place of residence or location, and the procedural position in the case /for a person brought to administrative responsibility - optional/;

3) names and information about other persons participating in the case, if any, their place of residence or location; /optional element/;

4) an indication of the courts that examined the case in the first, appellate (meaning the instance that examined the complaint against a decision that did not enter into legal force in a case of an administrative offense), if it was passed, and the first supervisory authority when the complaint is addressed to Supreme Court RF, their decisions and the content of the decisions they made;

5) the arguments of the person who filed the complaint, indicating the grounds for review in the order of supervision of the decision in the case of an administrative offense, decisions based on the results of consideration of the complaint; an indication of the nature of the significant violations of the law committed by the courts; an indication of violations of the procedural requirements provided for by the Code of the Russian Federation on Administrative Offences, if this did not allow a comprehensive, complete and objective consideration of the case; an indication of the presence of at least one of the circumstances provided for in Articles 2.9, 24.5 of the Code of Administrative Offenses of the Russian Federation, if any; justification for the lack of proof of the circumstances on the basis of which the said resolution or decision was made.

Formulate arguments and point out significant violations of procedural and substantive rules of law on the part of the courts, which did not allow a comprehensive, complete and objective consideration of the case and due to the lack of proof of the circumstances on the basis of which the ruling and decision were made.

Please note that the supervisory authority will not be interested in your arguments on the merits of the offense charged if these arguments were not the subject of consideration in lower courts, or if your arguments are not based on new evidence that could not, for objective reasons, be obtained in previous ones courts or submit it to court, and the objectivity and “respectability” of the reasons, naturally, will have to be properly justified.

Also, the supervisory authority is unlikely to be interested in your arguments regarding violations by the IDPS, if the violations committed are not directly related to the legality of obtaining evidence of your guilt, do not affect the correct assessment of the event and the elements of the offense charged, or on compliance with the law when applying measures to ensure proceedings in an administrative case offense.

Formulate your arguments in such a way that the judge has no doubts about the significance of violations of the procedural and substantive norms of the Code of Administrative Offenses by lower courts, which, in turn, did not allow a comprehensive, complete and objective consideration of the case and proof of the circumstances on the basis of which the ruling and decision were made . Provide arguments on the merits of the offense as an illustration of unclear, unexplored and unresolved issues and circumstances that have significant legal significance for the correct resolution of the case on the basis of the law.

It should also indicate what rights or legitimate interests are violated by the court decisions that have entered into legal force and motivate what the violation of unity consists of judicial practice with appropriate justification for this violation with references to decisions of the Supreme Court of the Russian Federation and decisions of the Constitutional Court. Repeated filing of complaints in the order of supervision on the same grounds to the court, which previously examined, in the order of supervision, the decision in the case of an administrative offense, decisions based on the results of consideration of the complaints, are not allowed. It should be borne in mind that a complaint accepted for consideration by way of supervision is verified based on the arguments set out in the complaint;

6) a list of materials attached to the complaint, a list of new evidence attached to the complaint. A reference by the person filing the complaint to new evidence that was not presented to the courts of previous instances is allowed only if it is justified in the complaint that this evidence could not be obtained and presented to the courts of first instance*. It is inappropriate to attach evidence from the case file to the complaint. In order to draw the court's attention to this evidence, it is necessary to clearly formulate the relevant arguments so that the court has a need to request the case materials;

7) request of the person filing the complaint;

8) supervisory complaint must be signed by the person filing the complaint or his attorney. The complaint filed by the defense attorney is accompanied by a power of attorney or other document certifying the authority of the defense attorney;

9) to supervisory complaint duly certified copies (to exclude the possibility of returning the complaint based on doubts about the correspondence of the copies to the originals) copies of court decisions and decisions taken in the case are attached (copies of judicial acts attached to the complaint must be bound, numbered, signed by the judge and sealed with the official seal; a copy of the decision on case of an administrative offense, copies of decisions based on the results of consideration of complaints, if such decisions of the Code of Administrative Offenses of the Russian Federation, articles I were made in the case of filing; supervisory appeal to the Supreme Court of the Russian Federation- a copy or original of the resolution on the supervisory complaint of the court of the first supervisory instance is required), a copy of the document that certifies the powers of the legal representative of an individual or legal entity, a copy of the power of attorney or an order issued by the relevant legal entity that certifies the powers of the defender, representative, if the complaint is signed by the indicated persons, copies of the complaint, the number of which corresponds to the number of other participants in the proceedings on the administrative offense specified in Articles 25.1 - 25.4, 25.11 of the Code of Administrative Offenses of the Russian Federation.

Submission deadline supervisory complaint in a case of an administrative offense is not limited.

By way of supervision complaint filed brought directly to the supervisory court.

The complaint is submitted to the supreme courts of the republics, regional, regional courts, courts of the cities of Moscow and St. Petersburg, courts autonomous region and autonomous okrugs, Supreme Court of the Russian Federation.

A decision in a case of an administrative offense that has entered into legal force, decisions based on the results of consideration of complaints, are entitled to review in the manner of supervision the chairmen of the supreme courts of republics, regional, regional courts, courts of the cities of Moscow and St. Petersburg, courts of the autonomous region and autonomous districts or their deputies, The Chairman of the Supreme Court of the Russian Federation, his deputies or, on behalf of the Chairman of the Supreme Court of the Russian Federation or his deputies, a judge of the Supreme Court of the Russian Federation.

The Supreme Court of the Russian Federation is considering by way of supervision of complaints against decisions that have entered into legal force judges in a case of an administrative offense, decisions based on the results of consideration of complaints against the said decision. The specified resolution and decisions are considered by the Supreme Court of the Russian Federation if they were considered in the order of supervision by the chairmen of the relevant supreme courts of the republics, regional, regional courts, courts of the cities of Moscow and St. Petersburg, courts of the autonomous region and autonomous districts or their deputies.

The judge issues a ruling regarding the acceptance of the complaint for consideration by way of supervision.

The judge who accepted the complaint for consideration in the order of supervision, in the interests of legality, has the right to check the case of an administrative offense in full.

The decision on the complaint is made no later than two months from the date of receipt of the complaint by the court, and in the case of a claim regarding an administrative offense - no later than one month from the date of receipt of the case by the court.

On issues of drawing up a supervisory appeal against a decision in a case of an administrative offense that has entered into legal force, taking into account the individual nuances of the circumstances of the event and the proceedings in the case in lower courts, on issues of the peculiarities of proceedings in a supervisory court, and other issues related to appealing the decision in a case of an administrative offense, please contact contact information, given on the “Feedback” page.

If you have any questions, you can get full and professional advice using the contact information on the “Feedback” page.

Supervisory complaint in an administrative case

A supervisory complaint in an administrative case is the reaction of a subject to a decision of a judicial authority in a case of an administrative offense, while the court decision is appealed after it comes into force. To make an objective verdict, the court has the right to demand from the applicant additional documentation that confirms or refutes the legal facts under consideration. How to write and where to file a supervisory complaint in an administrative case - more details in this article.

A judicial act in an administrative case is appealed in 3 stages:

Feeding grounds

Legal proceedings in the supervisory authority in an administrative case are noted in the provisions of Chapter. 36 CAS RF (Code of Administrative Proceedings of the Russian Federation). In particular, if the result of the appeal and cassation appeal of the court is unsatisfactory, the applicant has the right to cancel the previously issued decision in the manner of supervision.

Before you start writing your application, make sure that:

1. judicial body did not consider all the evidence regarding the production;
2. all the circumstances of the case have not been studied;
3. the provisions of the law in legal proceedings are not observed;
4. there were inaccuracies, contradictions and doubts in the trial;
5. the evidence was erroneous or false;
6. false witness statements were used;
7. the decision was made only on the basis of documentation prepared by officials, and the accused’s case was treated with prejudice (his guilt was considered indisputable).

Any decision in a case of administrative violation that has entered into force can be appealed. And this can be done by the subjects against whom they are conducting trial, as well as the victim, his defender or representative.

How to write

In order for a supervisory complaint in a case of an administrative offense to be accepted for consideration, it must not only be substantiated correctly, but also comply with the form established by law. It is better to seek help from a qualified lawyer who can competently draft a supervisory complaint with links to the relevant regulations. If the complaint is drawn up in violation of legal requirements, the judicial authority will not accept it for consideration and will return it back to the applicant.

• details of the applicant (full name, address);
• details of the judicial authority in the supervisory authority;
• an indication of the authorities considering the proceedings in the appellate and first instance;
• information about the persons involved in the case;
• the applicant’s request for review or cancellation of the court decision (with references to legislation);
• the essence of the appeal - the grounds for filing it;
• date and signature of the applicant;
• a list of attached documents confirming the requirements specified in the claim.
• a photocopy of the resolution on the administrative violation proceedings;
• photocopies of decisions based on the results of consideration of previous protests, when such decisions were made;
• photocopies of the protest, the number of which must correspond to the number of persons participating in the case.

The fact of acceptance of the appeal by way of supervision is confirmed by the corresponding ruling of the court authorized to accept the protest.

Where to file a supervisory complaint in an administrative case

An appeal to the supervisory authority or a presentation is submitted to the Supreme Court of the Russian Federation - the Supreme Court of the Russian Federation (CAS RF, Art. 333). He studies compliance court decisions or resolutions to the requirements of the current legislation, which were issued based on the results of consideration of protests, if they were previously studied by the Supreme Courts of the constituent entities of Russia (clause 3 of Article 30.13 of the Code of Administrative Offenses of the Russian Federation). Thus, an appeal by way of supervision in the relevant case is carried out to the Supreme Court of the constituent entity of the Russian Federation.

The deadline for appeal in the supervisory order is 3 months from the date of the last judicial act on the proceedings, that is, the cassation ruling.

There is no direct reference in the legislation to the period within which an appeal against a decision is required, therefore it must be accepted and considered, regardless of the time that has passed since the court decision entered into legal force.

The consideration of a supervisory complaint by the Supreme Court of the Russian Federation takes place within a period of no more than two months without reclaiming the case and within a period of no more than three months if it is necessary to reclaim the case from the moment it is received by the Supreme Court of the Russian Federation. The period for studying a protest in the manner of supervision of administrative proceedings can be extended, but not more than by two months, by the Chairman of the RF Supreme Court himself or his deputy, when the case is filed, taking into account its complexity.

Submission rules

How to file a supervisory complaint in an administrative case? Let's look at the rules for filing an appeal:

Review results

Based on the results of consideration of the appeal by way of supervision, the judge has the right to make the following decision:

The supervisory authority is actually the final stage in matters of appealing judicial acts in administrative proceedings. Subsequently judicial act you can appeal to international authorities or due to newly discovered circumstances. If the document was drawn up with any violation, there is a high probability that the judicial authority will not accept it for consideration and return it to the applicant.

Consequently, a supervisory complaint in an administrative case of the Supreme Court of the Russian Federation or the presidium of a court of a constituent entity of the Russian Federation must be drawn up according to the established template. You can draw up a document yourself, but it is advisable to defend your rights together with a lawyer, then the chance of having the case reviewed in your favor due to a professional approach will increase. By contacting our specialists at the Pravoved.RU web portal for help, you will receive a free consultation on the issue related to filing a supervisory complaint in an administrative case. Call the numbers listed on the website or fill out the feedback form, we will contact you as soon as possible.

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To the Chairman of the Altai Regional Court

procedural situation in the case *

address: (indicate the full postal address of the place of residence or location)

Names of other participants in the proceedings on an administrative offense, indicating their procedural status, place of residence or location

SUPERVISION COMPLAINT

on the decision in the case of an administrative offense that has entered into legal force

and (or) decisions based on the results of consideration of complaints (protests)

By Decree ________________________________________________________________ dated

the judge, body, official, who made the decision

“____” _____________ 20___ _________________________________________________ recognized

Full name or name of the person held accountable

guilty of committing an offense under Art. ______ Code of Administrative Offenses of the Russian Federation, _________________

punishment was imposed in the form of ________________________________________________________________.

Based on the results of consideration of the complaint _________________________________________________

Full name and procedural status of the person filing the complaint

(protest) against the said decision __________________________________________ was issued

it is indicated which judge, body, official

decision dated “____” ______________ 20___, which left unchanged (amended, cancelled) this resolution in the case of an administrative offense. * *

I do not agree with the specified resolution and (or) decision for the following reasons: _________________________________________________________________________________________

the arguments of the person filing the complaint are given, indicating the grounds

for supervisory review of a ruling and/or decision

Guided by Art. 30.12, 30.16, 30.18 Code of Administrative Offenses of the Russian Federation,

Accept this supervisory complaint for proceedings and cancel (change) _________________

the date of adoption of the appealed resolution and/or decision is indicated

and the name of the judge (body, official) who accepted him (them)

Attachments: 1) copies of the supervisory complaint regarding the number of participants in the proceedings;

2) a duly certified copy of the resolution;

3) duly certified copies of decisions based on the results of consideration of complaints, protests, if such decisions were made;

4) a copy of the document that certifies the powers of the legal representative of an individual or legal entity, a copy of the power of attorney or an order issued by the relevant legal entity that certifies the powers of the defense attorney or representative, if the complaint is signed by these persons.

Date ________________ Signature _______________

* Persons entitled to file a complaint in the manner of supervision are indicated in Articles 25.1 - 25.5 of the Code of Administrative Offenses of the Russian Federation.

* * If, before this decision entered into legal force, a complaint and/or protest was also filed against it, the supervisory complaint should indicate information about the decision made based on the results of their consideration.

If no complaints or protests were filed against a decision in a case of an administrative offense before it entered into force, this is also indicated in the supervisory complaint.

To the Presidium of the Moscow Regional Court.

by way of supervision

On June 27, 2009, a judge of the district court of Moscow, having considered the appeal of the full name against the decision of the magistrate - the third court district of the Moscow region dated May 15, 2009 in the case of an administrative offense provided for in part 1 of Article 12.26 of the Code of Administrative Offenses of the Russian Federation, decided: the magistrate's resolution judge of the th judicial district of the Moscow district dated May 15, 2009 regarding the full name of bringing to administrative responsibility under Part 1 of Article 12.26 of the Code of Administrative Offenses of the Russian Federation in the form of deprivation of the right to drive a vehicle for a period of 1 year 6 months left unchanged, and the appeal the complaint was not satisfied.

I do not agree with the court’s ruling for the following reasons:

The decision states, “the basis for bringing to administrative responsibility under Part 1 of Article 12.26 of the Code of Administrative Offenses of the Russian Federation is a person’s refusal to undergo a medical examination for intoxication, stated in the protocol on an administrative offense, stated to a traffic police official if there is a legal reason for this.” According to Articles 27.12, 27.13 of the Code of Administrative Offenses of the Russian Federation, the inspector has the right to demand a medical examination on the spot if he detects signs of intoxication. In the KG protocol No., the inspector indicated in the column for signs of intoxication “a strong odor of alcohol from the mouth.” However, in the medical examination report for intoxication No. in column 11 it is stated “There is no smell of alcohol or other substance (which one), speech is not impaired.” From the above, we can conclude that the inspector’s demands to undergo a medical examination were illegal.

The decision also states that “the full name’s argument about the absence of attesting witnesses is not objectively confirmed by anything.” However, I did not have such an opportunity to independently confirm my arguments about the absence of attesting witnesses, and therefore I made a petition in the appeal to call two attesting witnesses as witnesses. The court ignored the petition, which violated my rights to a lawful and reasonable court decision. And also Article 24.1 of the Code of Administrative Offenses of the Russian Federation on a comprehensive, complete, objective consideration of the case.

Based on the above, as well as guided by Articles 1.5, 1.6, 30.1, 30.3, 30.7, 30.9, 30.10 of the Code of Administrative Offenses of the Russian Federation

The decision of the Moscow district court of June 2009 was canceled due to the absence of elements of an administrative offense in the actions of the full name.

1. Decision of the Moscow district court - 1 copy. on 1 sheet;

2. Appeal- 1 copy. on 1 sheet;

3. Protocol 39 KR No. - 1 copy. on 1 sheet;

4. Protocol 39 KG No. - 1 copy. on 1 sheet;

5. Protocol of the CG No. - 1 copy. on 1 sheet;

6. Medical examination report for intoxication - 1 e.1l.

Submission date: ______

Assistance in preparing statements, claims, complaints, contracts and agreements

Prompt consultation by phone or in the office

Administrative lawyer - assistance from a supervisory appeal specialist

Sample of a supervisory complaint in an administrative case

Essentially the question asked We report the following.

In accordance with Art. 30.12 of the Code of Administrative Offenses of the Russian Federation, a resolution in a case of an administrative offense that has entered into legal force, decisions based on the results of consideration of complaints, protests can be appealed in the manner of supervision.

By virtue of Art. 30.13 of the Code of Administrative Offenses of the Russian Federation, complaints are filed, protests are brought in the order of supervision to the supreme courts of republics, regional, regional courts, courts of the cities of Moscow and St. Petersburg, courts of the autonomous region and autonomous districts, the Supreme Court of the Russian Federation.

The complaint is filed with the supervisory court. If the complaint is accepted for proceedings, the judge makes an appropriate ruling and notifies the other participants in the process about the filed complaint.

Regarding the question of the time limit for filing a supervisory appeal, it should be noted that the Code of Administrative Offenses of the Russian Federation does not contain an article that would unambiguously answer this question; therefore, the time limit for filing a supervisory complaint is not limited.

For a more detailed answer to your question, we recommend that you seek advice from the reception office of lawyer Sergei Sergeevich Ivlev at the address: Orenburg, st. Shevchenko 20B, office 414, tel.: 8-912-343-72-22.

Complaint by way of supervision in an administrative case (sample)

Author of the document

In the regional (territorial), Supreme Court _____________________

Applicant: last name, first name, patronymic, place of residence, telephone number (if available), as well as the name of the defense attorney, representative and his address if the complaint is filed by the defense attorney or representative. If the applicant is legal entity, its location, telephone number (if available), as well as the name of the legal representative of the legal entity and his address.

Other participants in proceedings regarding an administrative offense: last name, first name, patronymic, place of residence, if a legal entity, its location, telephone (if available)

Complaint by way of supervision against a decision that has entered into legal force

in a case of an administrative offense, a decision based on the results of consideration of complaints, protests

(specify which court rulings accepted on the case)

By Decree _____________________________ dated "___" _________ ____,

(indicate the official, magistrate and court district number who issued the decision)

Found guilty of

(Full name of the person in respect of whom the decision was made)

administrative offense provided for by __________________________ and

(part and article of the Code of Administrative Offenses RF)

subjected administrative punishment in the form of ______________________________

(indicate the type and amount of punishment imposed)

By the decision of __________________________________________ dated “___” _________ ____.

(indicate the district (city) court that made the decision, as well as the result of considering the complaint against the decision (for example, the decision was left unchanged)

I do not agree with the resolution (decision)______________________________________

on the following grounds: _____________________________________________________

(indicate the reasons why the person who filed the complaint does not agree

with a resolution (decision), with references to laws and other legal acts)

In connection with the above and in accordance with ________________________________

(indicate articles of regulations,

And also with Art. Art. 30.12-30.17 Code of Administrative Offenses of the Russian Federation.

on which the applicant bases his claims)

Cancel (change) the resolution _________________ dated “___” ______ ___,

(indicate the official, the magistrate and the court precinct number)

decision _________________ dated “___” ______ ___ year regarding _________________

(indicate the district (city) court that made the decision) (full name)

(for example, discontinue proceedings in this case).

1. A copy of the complaint (a number corresponding to the number of other participants in the case).

2. A copy of the appealed resolution (decision).

3. Power of attorney or warrant (if the complaint is signed by a defense attorney or attorney).

_____________________ ______________ _______________

date signature full name